B. & O. R. R. v. Bitner
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson rendered on the 21st day of April, 1879, in an action at law in. said-court then pending wherein The Baltimore & Ohio Railroad Company was plaintiff and Henry Bitner was defendant, allowed upon the petition of said Bitner. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson rendered on the 21st day of April, 1879, in an action at law in. said-court then pending wherein The Baltimore & Ohio Railroad Company was plaintiff and Henry Bitner was defendant, allowed upon the petition of said Bitner. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the judgment complained of. Green, President, furnishes the'following statement of the case: This was an action of debt instituted in the circuit court of Jefferson county, by The Baltimore & Ohio Railroad Company v.…
1Opinion of the Court
Green, PRESIDENT,
delivered the opinion of the Court:
Under the statute of 8 & 9 W. III., ch. 11, §8; 1 R. C. 1819, p. 509, §82; Code of Va. 1860, ch. 177, §17; Code of W. Va. ch. 131, §17, p. 627, there are two ways of declaring on a bond with collateral conditions. One is simply to declare on the obligation without setting forth the conditions. If this is done, the declaration will be good, till the defendant takes oyer of thé obligation and thereby makes the conditions a part of the declaration If after such oyer the defendant pleads conditions performed, as in this case, the plaintiff ought…
2Cases cited4 opinions
- M'Hardy v. WadsworthMichigan Supreme Court · 1860
- Choen v. GuthrieWest Virginia Supreme Court · 1879
- B. & O. R. R. v. JamesonWest Virginia Supreme Court · 1878
- Green v. BaileySupreme Court of Virginia · 1816
3Cited by12 opinions
- Ashland Coal & Coke Co. v. Hull Coal & Coke Corp.West Virginia Supreme Court · 1910
- Logie v. BlackWest Virginia Supreme Court · 1884
- Graham v. MeddlebyMassachusetts Supreme Judicial Court · 1913
- Graff v. KahnAppellate Court of Illinois · 1886
- National Valley Bank of Staunton v. HoustonWest Virginia Supreme Court · 1909
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